Winwood v. City of Dayton

The issue presented by this cause is whether a municipality is liable in tort for damages alleged to be caused by the lack of traffic control devices at an intersection. We hold that no such liability may be imposed.

In Enghauser Mfg. Co. v. Eriksson Engineering Ltd. (1983), 6 Ohio St. 3d 31, 6 OBR 53, 451 N.E. 2d 228, this court partially abolished the judicially created doctrine of municipal immun*284ity. Id. at paragraph one of the syllabus. This immunity was preserved, however, for “* * * those acts or omissions involving * * * the exercise of an executive or planning function involving the…